This property has a documented history as a gasoline service station going back to 1964. Historical insurance policies issued during operations at this property and through 1986 could fund a cleanup — and recover costs already spent.

Why Historical Insurance Policies May Be Accessible

Pre-1986 Commercial General Liability (CGL) policies were occurrence-based and did not contain an effective pollution exclusion in Washington. If contamination occurred while those policies were active, those historical insurance carriers may still have a legal obligation to fund the cleanup costs, even if the business closed or the property changed hands.

The petroleum contamination here — described by investigators as historical and weathered — originated from underground storage tank operations that began in 1964, more than two decades before occurrence-based Commercial General Liability policies began excluding pollution claims. The detection of MTBE and gasoline-range organics consistent with long-term fuel dispensing places the initial release squarely within the pre-1986 policy window, when carriers had no effective pollution exclusion. The $688,000 remediation project ahead, together with already-completed UST removals and interim work, represents quantifiable cleanup expenditure that historical CGL carriers may be obligated both to recover and to fund going forward.

Restorical's role is to locate viable historical policies, determine whether a successful coverage claim is possible, and assist our clients and their legal counsel to obtain insurance coverage. Restorical then manages the claim, including accounting, to ensure the cleanup is funded in a timely manner.